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Registration cannot be cancelled without providing sufficient reasons & opportunity of being heard

January 21, 2015 1949 Views 0 comment Print

In the instant case, B. Saravanan (Contractor) [the Petitioner] was a registered dealer under provisions of the Tamil Nadu Value Added Tax Act, 2006 (the Tamil Nadu VAT Act). The Department passed an Order cancelling the Petitioner’s Registration Certificate with retrospective effect (the Impugned Order).

Official Liquidator is a dealer liable to pay Sales tax: SC

January 21, 2015 2571 Views 0 comment Print

Premier Cable Company Ltd. (the Company) registered under the Companies Act, 1956 (the Companies Act) was wound up by an order passed by the Hon’ble High Court and an Official Liquidator (the OL) attached to the High Court was appointed to take charge of the assets and liabilities of the Company and to deal with the same in terms of the Companies Act and the Rules framed thereunder.

Exporter can convert shipping bill under one export promotion scheme to another to avail benefit of scheme

January 21, 2015 1327 Views 0 comment Print

Hon’ble CESTAT, Chennai held that in terms of Section 149 of the Customs Act, the conversion is possible on the documents in existence at the time of export. The shipping bills in the instant case were supported by a certificate from the Chartered Engineer, which was endorsed with the export particulars.

Commissioner (Appeals) cannot enhance penalty without issuing SCN

January 21, 2015 2436 Views 0 comment Print

In the instant case, in the earlier round of proceedings, the Hon’ble CESTAT, Mumbai remanded the matter by an order dated August 11, 2009 and in remand proceedings, the First Appellate Authority enhanced the penalty imposed on John Deere Equipment Pvt. Ltd. (the Appellant) without issuing any Show Cause Notice.

Reversal of Cenvat credit on Returned goods

January 21, 2015 27633 Views 0 comment Print

eturned goods have to be treated as Inputs and the Assessee having shown the issuance of the said Inputs from their RG-1 are deemed to have manufactured final product – Reversal of Cenvat credit cannot be sought

Limitation period U/s. 11B of Excise Act not applies if Service tax was not payable under law

January 21, 2015 4054 Views 0 comment Print

C K P Mandal (the Appellant) is a Charitable Trust. It has two halls which are given on hire for various functions. On hire charges, the Appellant was paying Service tax under the category of Mandap keeper. The Appellant also received donations from caterers and decorators for permitting them to use the halls.

Audit initiated against service recipient cannot be a ground to reject VCES declaration of Assessee

January 21, 2015 1436 Views 0 comment Print

The Hon’ble High Court of Madras after observing that there was no audit initiated/ conducted against the Petitioner or in business premises of the Petitioner, held that: Audit of service recipient, SIPL is not relevant and the Petitioner was never put to notice before March 1, 2013;

No Service tax leviable on Chit Fund business even after June 1, 2007 -SC

January 21, 2015 2312 Views 0 comment Print

The sub-clause (v) of Section 65(12) of the Finance Act, 1994 (the Finance Act) providing the definition of ‘Banking and Other Financial services’ was amended vide the Finance Act, 2007 (effective from June 1, 2007) by deletion of the expression ‘but does not include cash management’.

Assessee eligible to avail remaining 50% of Cenvat credit on Capital Goods which were cleared during year of receipt

January 21, 2015 1221 Views 0 comment Print

Nilkamal Ltd. (the Appellant) was engaged in the manufacture of excisable goods and for the manufacture of these goods, they had purchased some moulds as Capital Goods. Upon receipt of the said moulds in the factory, the Appellant availed 50% of the eligible Cenvat credit on the moulds as Capital Goods and the moulds were put to use for some time in the factory for further manufacturing of excisable goods.

Customs duty cannot be levied on exempt goods merely for non mention of such goods separately in the invoice

January 13, 2015 1294 Views 0 comment Print

Epson India Pvt. Ltd.(the Assessee) imported Inkjet printer with printer software and ink cartridges (impugned goods) under a single Bill of Entry No. 618553 dated April 21, 2004 by classifying them under separate chapter headings and claimed concessional rate of duty

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